WILLIAM R. HIGGINS VS. GREGORY S. SAYLOR (L-0044-18, SALEM COUNTY AND STATEWIDE)

CourtNew Jersey Superior Court Appellate Division
DecidedAugust 8, 2019
DocketA-1586-18T3
StatusUnpublished

This text of WILLIAM R. HIGGINS VS. GREGORY S. SAYLOR (L-0044-18, SALEM COUNTY AND STATEWIDE) (WILLIAM R. HIGGINS VS. GREGORY S. SAYLOR (L-0044-18, SALEM COUNTY AND STATEWIDE)) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WILLIAM R. HIGGINS VS. GREGORY S. SAYLOR (L-0044-18, SALEM COUNTY AND STATEWIDE), (N.J. Ct. App. 2019).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1586-18T3

WILLIAM R. HIGGINS,

Plaintiff-Respondent,

v.

GREGORY S. SAYLOR,

Defendant-Appellant,

and

ABATIS HOLDINGS, LLC, and ABATIS SECURITY, LLC,

Defendants. ____________________________

Submitted August 1, 2019 – Decided August 8, 2019

Before Judges Whipple and Firko.

On appeal from the Superior Court of New Jersey, Law Division, Salem County, Docket No. L-0044-18.

Paul A. Leodori, attorney for appellant.

Martin Law Firm, LLC, attorneys for respondent (Joseph A. Martin, on the brief). PER CURIAM

Defendant Gregory S. Saylor appeals from a November 9, 2019 order

entered by Judge James R. Swift denying his motion to terminate arbitration.

Because the orders under review do not resolve all of the claims between the

parties, we dismiss the appeal as interlocutory.

I.

Plaintiff William R. Higgins, a retired state trooper, and defendant became

embroiled in a business dispute involving two companies, Abatis Security, LLC,

which provides private security services to businesses in the Atlantic City area,

and Abatis Holdings, LLC, which was a corporate shell company having no

operations. Plaintiff was the sole member of Abatis Security and defendant was

employed by that company but had no ownership interest. Both parties were

members of Abatis Holdings. Defendant failed to disclose to plaintiff that he

filed a petition in bankruptcy prior to the formation of Abatis Holdings and that

defendant could not be licensed to perform security services.

In early 2016, plaintiff discovered that defendant and two employees,

Graff and Tejada, who are not parties to this appeal, were stealing money from

Abatis Security, totaling approximately $200,000. Defendant and Graff

admitted to the theft, resulting in plaintiff notifying them of their termination of

A-1586-18T3 2 employment with Abatis Security. Plaintiff, defendant, and Graff subsequently

entered into a Stand Still Agreement, which allowed defendant and Graff to

retain their positions within Abatis Security, continuing their weekly paychecks

and an automobile allowance, until they could resolve their dispute through

mediation or arbitration. Plaintiff and Graff subsequently settled their dispute

amongst themselves, resulting in Graff relinquishing his ownership interest in

Abatis Holdings, but the dispute between the parties was unresolved. The

Agreement, in pertinent part, provided:

2. Arbitration. If the parties are unable to resolve their disputes through mediation, any remaining disputes will be submitted to binding arbitration before retired [J]udge Eugene Serpentelli. If Judge Serpentelli is unavailable, the parties will confer and agree on a replacement arbitrator. The arbitration shall proceed on an expedited basis and will be binding.

3. Interim Measures. In the interim, and until this matter is fully and finally concluded through mediation or arbitration, or until the parties agree otherwise or the arbitrator so rules, the following terms shall remain in effect:

a. Messrs. Graff and [defendant] may return to work at the [c]ompany's 520 Pacific Avenue corporate offices . . . on May 6, 2016, and [plaintiff] will return the computers they use in the business of Abatis Security and take such steps as may be necessary to restore their email access and return everything removed from the

A-1586-18T3 3 [o]ffice to restore the [o]ffice to the same condition it was in prior to Thursday, May 5, 2016. The [c]ompany's bookkeeper . . . is to work in the [o]ffice but will be available to [plaintiff] to assist him with event operations and other duties as needed.

b. Messrs. Graff and [defendant] will continue to receive their salary and automobile allowance payments. Salary payments to Messrs. Graff and [defendant] will be made weekly each Tuesday. Automobile allowance payments will be paid on the first day of the month.

c. Messrs. Graff and [defendant] will return to and continue in their respective positions with Abatis Security.

....

e. [Plaintiff] will remain as sole signatory on the TD Bank account for Abatis Security, however, [plaintiff] will not send out any Abatis Security checks, with the exception of the parties' payroll and automobile allowance payments, without first advising Messrs. Graff and [defendant] of the checks and seeking their approval.

[(Emphasis added).]

Pursuant to the Agreement, plaintiff made five $2000 weekly payments to

defendant on July 2, August 2, September 7, September 17, and September 20,

A-1586-18T3 4 2016; and two $735 payments on August 1 and September 1, 2016. Defendant

certified the last payment he received from Abatis was in March 2017, and he

claims he is owed $148,760 for the pay periods between April 4, 2017 and

August 14, 2018. Defendant also asserts plaintiff violated section (e) of the

parties' Agreement by writing checks to himself and to his attorney's offices

without seeking prior approval from defendant.

Plaintiff claims he ceased making weekly payments to defendant because

he did not continue to work, as required by the Agreement, and defendant only

appeared at the office on Tuesdays, which were paydays. Plaintiff sought to

remove the matter from arbitration and transfer the case to the Law Division for

adjudication, but the trial court enforced the arbitration clause in the Agreement

and referred the parties back to arbitration. Thereafter, defendant filed a motion

in the Law Division, and before the arbitrator, seeking to compel plaintiff to

compensate defendant for the missed payments and to resume making weekly

payments. Both motions were denied, and both orders are appealed from.

Because of plaintiff's failure to pay defendant's weekly salary, he argues

that he was held in contempt for failure to pay his child support obligation, a

bench warrant was issued for his arrest, and his driver's license was temporarily

A-1586-18T3 5 suspended. Defendant's previous counsel was relieved from further representing

him due to defendant's failure to pay his fees. The trial court stated:

And I know the argument is [the parties] also agreed that [defendant] would get paid, but . . . we're just ignoring the fact that [defendant] was supposed to work. The whole idea underlying this [S]tand[-][S]till [A]greement was that the parties would continue to work out these problems as this business was ongoing.

The trial court denied counsel's request to establish a discovery schedule,

stating: "I can't do that. The agreement provides for arbitration. I've ruled that

there needs to be arbitration, twice now. And [the case is] going to arbitration."

Abatis Security became defunct in February 2018, when plaintiff decided to

pursue another business opportunity.

II.

The Rules that warrant dismissal of interlocutory appeals are clear. We

consider appeals from final orders of a trial court and other orders expressly

designated as final for purpose of appeal. R. 2:2-3(a)(1) and (3). "To be a final

judgment, an order generally must 'dispose of all claims against all parties.'"

Janicky v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Janicky v. Point Bay Fuel, Inc.
935 A.2d 803 (New Jersey Superior Court App Division, 2007)
Vitanza v. James
938 A.2d 166 (New Jersey Superior Court App Division, 2008)
Golden Estates v. Continental Cas.
721 A.2d 307 (New Jersey Superior Court App Division, 1998)
Tretina Printing, Inc. v. Fitzpatrick & Associates, Inc.
640 A.2d 788 (Supreme Court of New Jersey, 1994)
Matter of Estate of Dawson
641 A.2d 1026 (Supreme Court of New Jersey, 1994)
Wein v. Morris
944 A.2d 642 (Supreme Court of New Jersey, 2008)
Barker v. Brinegar
788 A.2d 834 (New Jersey Superior Court App Division, 2002)
Frantzen v. Howard
333 A.2d 289 (New Jersey Superior Court App Division, 1975)
Selective Ins. Co. v. McAllister
742 A.2d 1007 (New Jersey Superior Court App Division, 2000)
Yuhas v. Mudge
322 A.2d 824 (New Jersey Superior Court App Division, 1974)
Parker v. City of Trenton
889 A.2d 1079 (New Jersey Superior Court App Division, 2006)
Manger v. Manger
9 A.3d 1081 (New Jersey Superior Court App Division, 2010)
Hallowell v. American Honda Motor Co.
688 A.2d 110 (New Jersey Superior Court App Division, 1997)
Habick v. Liberty Mutual Fire Insurance
727 A.2d 51 (New Jersey Superior Court App Division, 1999)
Minkowitz v. Israeli
77 A.3d 1189 (New Jersey Superior Court App Division, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
WILLIAM R. HIGGINS VS. GREGORY S. SAYLOR (L-0044-18, SALEM COUNTY AND STATEWIDE), Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-r-higgins-vs-gregory-s-saylor-l-0044-18-salem-county-and-njsuperctappdiv-2019.